What Happens During an Asylum Interview
When you apply for asylum affirmatively, within 21 days after you submit your asylum application to U.S. Citizenship and Immigration Services (“USCIS”), you will receive a Notice to Appear for your interview with an Asylum Officer (“AO”) at your local asylum office. (For more details about timing, see “Timing of the Affirmative Asylum Application Process.”) Here, we'll describe exactly what takes place at that interview.
First, you'll want to make sure to arrive at the location and the time specified in the Notice. (If you need to reschedule your interview, see “What to Do If You Can’t Make Your Asylum Interview.”)
During the interview, the AO will ask you questions about your identity, information you had provided in your asylum application, any applicable bars to your eligibility for asylum, and any documents you had submitted in support of your application.
What to Bring to Your Asylum Interview
You must bring originals of all the documents you relied on in your asylum application – such as your identity documents, travel documents, birth certificate, affidavits and declarations, photographs, and medical records. If any of the documents are not in English, make sure to bring their translations, and translation certificates. (See “Translating Non-English Documents for Immigration Applications.”)
Who Can or Should Accompany You to an Asylum Interview
If your spouse or children under the age of 21 were included in your asylum application, they must accompany you to the interview. They should also bring original copies of their own (1) identity documents, (2) documents showing their relationship to you (such as birth or marriage certificates), and (3) any other documents supporting their asylum application.
If you do not feel comfortable speaking in English, you must bring your own interpreter. Any person over the age of 18, who is not your attorney or a witness for your asylum claim, can act as your interpreter. Although family members are allowed to interpret for you, it is better to bring a professional. Family members are likely not to interpret word for word, and often add their own information. Also, the AO is likely to ask you about very personal issues, and you might be uncomfortable discussing them openly in front of your family.
Although not required, it is a good idea to have your attorney come with you. The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. If your attorney is running late or is unable to attend on the scheduled day, and you ask the AO to reschedule your interview for when your attorney is available, the AO might deny your request and conduct the interview as scheduled or refer your case to an Immigration Judge.
After You Arrive at the Asylum Office
After you arrive at the location specified in your interview notice, you should report to the receptionist or clerk, so that the AO who is assigned to your case knows that you are there. If you bring any new documents supporting your asylum application that you had not already submitted, provide them to the receptionist. The AO will review them before interviewing you.
You will then be asked to wait for your interview. Depending on the other interviews and the AO’s schedule that day, you might have to wait several hours. If you are bringing children along, make sure to bring toys and snacks for them. (But check in advance whether the office lets you bring in food.)
What Will Happen During the Asylum Interview
The AO assigned to your case will take you into his or her private office. Your attorney and interpreter (if any) will also come along. No other officials will be in the room where you are interviewed. Everything you discuss with the AO will remain confidential. You will be asked to take an oath stating that you will only tell the truth. Your interpreter will also be asked to take an oath.
If you have any additions or corrections to your asylum application (for example, correcting a factual mistake or adding new supporting documents), make sure to tell the AO at the beginning of your interview.
The AO will have reviewed your asylum application and your immigration file before interviewing you. AOs are trained to conduct asylum interviews, and are familiar with country conditions in your country.
The AO will most likely begin by asking you about your identity and background, and will review your original identity documents that you have brought with you.
Then, you will be asked to explain why you are applying for asylum. The AO might ask you a general question about it (such as, “So, tell me, why are you seeking asylum?”) or might ask specific questions about information you had included in your asylum application or in any supporting documents. If any bars to eligibility for asylum might apply to you (such as the possibility that you were involved in the persecution of others or have a criminal record), the AO will also likely ask questions about them.
Of you do not understand a question, it's better to ask for clarification than to attempt to answer.
Do not be concerned if the AO asks you the same question several times or in several different ways. This is done to test your credibility (that is, believability). Also, the AO might act like he or she does not believe you, and might even be unpleasant. Do not let that affect you, and do not get aggravated. The AO’s role is to test your credibility and your legal claim to asylum.
Always be honest, detailed, and consistent with what you had stated in your application. Do not exaggerate. In order to be granted asylum, you must be found credible. For details, see “Chances of Winning a Grant of Asylum.”
Some of the information you will be asked about will be very personal, and you might find it hard to discuss. You can ask for a short break to compose yourself, and then try your best to tell the AO all the important facts. Your ability to obtain asylum depends on that.
The entire interview will take at least an hour, depending on the particular facts of your case, and on what questions your AO decides to ask. Generally, the more facts your asylum application and your personal declaration contain, the longer your interview will last. The length of the interview, however, is not indicative of whether or not you will be granted asylum. Answer only the questions that you are asked.
Your attorney will also have a chance to make a short statement to the AO, and to clarify any concerns that the AO might have.
What Will Happen After Your Interview
The AO will not reach a decision on your asylum application at the time of your interview. Instead, you will be asked to return to the Asylum Office to receive your decision or it will be mailed to you, within a few weeks after your interview.